HomeMy WebLinkAbout2010-06-07 RegularMINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
JUNE 7, 2010
CLOSED SESSION MEETING
CALLED TO ORDER
ATTENDANCE
PUBLIC COMMENTS — None
CLOSED SESSION ITEMS
CITY HALL
20 CIVIC CENTER PLAZA, 8T" FLOOR
SANTA ANA, CA
5:12 P.M.
COUNCILMEMBERS Present:
MIGUEL PULIDO, Mayor
CLAUDIA ALVAREZ, Mayor Pro Tern (5:20 p.m.)
P. DAVID BENAVIDES
CARLOS BUSTAMANTE
MICHELE MARTINEZ
VINCENT F. SARMIENTO
SAL TINAJERO (5:30 p.m.)
ABSENT:
None
STAFF Present:
DAVID N. REAM, City Manager
JOSEPH FLETCHER, City Attorney
MARIA D. HUIZAR, Clerk of the Council
1A CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION pursuant to
Government Code Section 54956.9(a)
■ Michael Foote vs. City of Santa Ana, WCAB case numbers: ADJ716154;
ADJ1154485
• Burnham vs. City of Santa Ana OC Superior Court Case No. 30-2009-00117904
CITY COUNCIL MINUTES 1 JUNE 7, 2010
1 B CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6
Agency Negotiators: Personnel Services Executive Director, Kathie Gonzalez
Employee Organizations: Santa Ana Service Employees International Union
(SEIU)
Santa Ana Management Association
Santa Ana Firemen's Benevolent Association
Santa Ana Police Officer's Association
Santa Ana Police Management Association
Santa Ana Fire Management Association
Confidential Association of Santa Ana
RECESS to the Community Redevelopment Agency Closed Session Meeting at 5:56
p.m.
ADJOURNED 6:24 P.M.
CITY COUNCIL MINUTES 2 JUNE 7, 2010
REGULAR CITY COUNCIL MEETING
CALLED TO ORDER
ATTENDANCE
INVOCATION
PLEDGE OF ALLEGIANCE
PRESENTATIONS
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
6:12 P.M.
COUNCILMEMBERS Present:
MIGUEL PULIDO, Mayor
CLAUDIA ALVAREZ, Mayor Pro Tern
P. DAVID BENAVIDES
CARLOS BUSTAMANTE
MICHELE MARTINEZ
VINCENT F. SARMIENTO
SAL TINAJERO
ABSENT:
None
STAFF Present:
DAVID N. REAM, City Manager
JOSEPH FLETCHER, City Attorney
MARIA D. HUIZAR, Clerk of the Council
COUNCILMEMBER BUSTAMANTE
MAYOR PULIDO
SPECIAL PRESENTATION provided by the Mary Bloom -Ramos, Chair, and Roman
Reyna, Vice Chair of the Santa Ana Empowerment Zone Corporation on 10-Year Report
EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to:
20 YEARS OF SERVICE Silvia Cuevas, Management Analyst, Parks,
Recreation and Community Services
25 YEARS OF SERVICE Florlyn Palacol-Lubatti, Accountant II, Finance and
Management Services
25 YEARS OF SERVICE Christina L. Spina, Senior Library Technician,
Parks, Recreation and Community Services
CITY COUNCIL MINUTES 3 JUNE 7, 2010
30 YEARS OF SERVICE Suzette Caddell, Police Communications
Manager, Police Department
SPECIAL PRESENTATION — Retired Santa Ana Fire Chief Marc Martin expressed his
gratitude to the City Council, community, and fire personnel
PROCLAMATION presented by MAYOR PRO TEM ALVAREZ to Richard Porras in
recognition of AT&T's "Don't Text and Drive" campaign.
PROCLAMATION presented by COUNCILMEMBERS BENAVIDES AND BUSTAMANTE
to Craig Erion and Jeff Witten of Two Brothers Racing in recognition of their 25tn
Anniversary.
CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER BUSTAMANTE to
Steve Strombeck, founder of the Performing Arts Guild of Orange County, for providing
free music and dance lessons to Santa Ana youth.
CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to
Santa Ana High School student Lizette Tenorio for winning second place at the Girl's High
School Folk -Style Wrestling Nationals.
CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER TINAJERO to
Jareth Carbajal, Jose Gomez, Stephanie Valenzuela, Adrian Hernandez, Kayla Stephens
and Aaron Raya for winning first place at the Intermediate Intramural Track Meet.
AGENDA ITEMS TAKEN OUT OF ORDER
75B PUBLIC HEARING - RESOLUTION REVISING THE METERED WATER
RATE AND SEWER SERVICE CHARGE OF THE CITY - Public Works
Agency
Legal Notice published in the O.C. Reporter on May 21, 2010 and May 28,
2010.
Council discussion ensued. Staff asked to return to council if emergency
arises (either safety or infrastructure).
MOTION: Table matter indefinitely and direct staff to amend Fiscal Year
Budget 2010-11 as necessary.
MOTION: Benavides SECOND: Tinajero
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
CITY COUNCIL MINUTES 4 JUNE 7, 2010
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
CLOSED SESSION REPORT — City Attorney Fletcher provided a report
Consent Calendar Item 19A.
CONSENT CALENDAR ITEMS
Refer to
MOTION: Approve staff recommendations on Consent Calendar Items 10A
through 25D with the following modifications:
• Pulled Item 25F, at the request of staff;
• Pulled Items 22B and 25E for public speaker and separate discussion;
• Mayor Pro Tern Alvarez voted "no" on Item 19C; and
• Councilmember Sarmiento abstained on Item 10A.
MOTION: Martinez
VOTE:
MINUTES
10A
AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Alvarez
Alvarez, Benavides, Bustamante, Martinez, Pulido,
Sarmiento, Tinajero (7)
None (0)
None (0)
None (0)
ADMINISTRATIVE MATTERS
MINUTES OF THE REGULAR MEETING OF MAY 17, 2010 - Clerk of the
Council Office
MOTION: Approve Minutes.
CITY COUNCIL MINUTES 5 JUNE 7, 2010
* Councilmember Sarmiento abstained on Item 10A.
BOARDS / COMMISSIONS / COMMITTEES
13A APPOINTMENT — ENVIRONMENTAL AND TRANSPORTATION
ADVISORY COMMITTEE (ETAC) - Clerk of the Council Office
MOTION: Appoint Carla Elisa Kimberly "Kim" Olson (Ward 1 resident)
to the Environmental and Transportation Advisory Committee
nominated by Councilmember Sarmiento as the Ward 1 representative
for a term expiring December 11, 2012. (replacing F. Rivera)
MISCELLANEOUS ADMINISTRATION
19A CLOSED SESSION REPORT — City Attorney's Office
MOTION: Find that there was a need to take immediate action on Item
213 (See Community Redevelopment Minutes page 2) and that the need
arose subsequent to the posting of the Closed Session Agenda.
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
pursuant to Government Code Section 54956.9(b)(1). Potential challenges
to the Transit Zoning Code EIR by Friends of Lacy Historic Neighborhood
and Citizens for Responsible Equitable Environmental Development.
MOTION: Approve stipulation agreement with Michael Foote, WCAB
case numbers: ADJ716154; ADJ1154485 in the amount of $141,566
19B EXCUSED ABSENCES - None
19C DESTRUCTION OF OBSOLETE CITY RECORDS - City Manager's Office -
Clerk of the Council Office
MOTION: Approve the requests for the destruction of obsolete records
from various City departments in accordance with the retention
schedule outlined in City Council Resolution 2006-045.
*Mayor Pro Tern Alvarez recorded a "no" vote on Item 19C.
19D ADEQUATE SITES PROGRAM REPORT WITH THE CALIFORNIA
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT - 703 N.
LACY - Community Development Agency
CITY COUNCIL MINUTES 6 JUNE 7, 2010
MOTION: Receive and file.
BUDGETARY MATTERS
SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES
22A
22C
MOTION: Award in accordance with Request for Council Action.
(Items 22A and 22C)
SPEC. NO. 10-020 AND 10-021 - CISCO MAINTENANCE, EQUIPMENT &
LICENSING - Finance & Management Services
MOTION:
1. Award a contract to Intelli-Fax Inc. for the purchase of Cisco
SMARTNet maintenance in an amount not exceed $26,000.
2. Award a contract to EnPointe Technologies for the purchase of a
core router, switching equipment and edge routers in an amount not
to exceed $183,000.
George Garcia commented on this item.
MOTION: Award a contract to R.B. Welding, Inc. for an amount not to
exceed $53,000 (Public Works Agency) - Finance & Management
Services
MOTION: Bustamante
VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Sarmiento
Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
None (0)
None (0)
None (0)
SPEC. NO.09-010 - ON -CALL SANITARY SEWER LINING SERVICES -
Renew the contract with RePipe-California, Inc. for a one-year period in an
CITY COUNCIL MINUTES 7 JUNE 7, 2010
amount not to exceed $500,000 (Public Works Agency) - Finance &
Management Services
AGREEMENTS
MOTION: Authorize the City Manager and Clerk of the Council to
execute the following agreements, subject to non -substantive changes
approved by the City Manager and City Attorney. (Items 25A through
25D and 25F)
25A AGMT NO. 2010-088 - COMPREHENSIVE PHYSICAL EVALUATIONS,
HEALTH SCREENING, AND VACCINATIONS - Execute an amendment with
Tustin -Irvine Medical Group in an amount not to exceed $70,000 - Fire
Department and Personnel Services Agency
25B AGMT NO. 2010-089 - TELEPHONE SYSTEM MAINTENANCE - Execute
an amendment with NEC Unified Solutions, Inc. to exercise an option for the
second one-year extension to the existing agreement for an amount not to
exceed $220,000 per year - Finance & Management Services
25C AGMT NO. 2010-090 - DOWNTOWN OFFICE LEASE EXTENSION -
Execute an amendment with Fiesta Marketplace Partners #1 - Community
Development Agency
25D FUNDING ALLOCATIONS FOR THE U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT HOUSING OPPORTUNITIES FOR
PERSONS WITH AIDS PROGRAM FISCAL YEAR 2010-2011 - Community
Development Agency
MOTION:
1. AGMT NO. 2010-091 - Cooperative agreement between the City of Santa
Ana and the Housing Authority of the City of Santa Ana in the amount of
$600,000 for a one-year term for the ongoing administration of the
Tenant -Based Rental Assistance Program
2. AGMT NO. 2010-092 - Cooperative agreement with the County of
Orange Health Care Agency in the amount of $821,133 for a one-year
term to provide supportive housing services to HIV/AIDS individuals in
the County of Orange
CITY COUNCIL MINUTES 8 JUNE 7, 2010
MOTION; Pulled item, at the request of staff.
AGENDA ITEMS TAKEN OUT OF ORDER
COUNCIL RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY MEETING
AT 7:45 P.M. FOLLOWED BY THE HOUSING AUTHORITY MEETING AT 7:46 P.M.
COUNCIL RECONVENED AT 7:46 P.M. WITH ALL MEMBERS PRESENT
George Garcia commented on this item. Council discussion ensued;
requested staff review communication received on the item.
MOTION: Continue consideration of matter to June 21, 2010.
MOTION: Alvarez SECOND: Sarmiento
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR ITEMS
RESOLUTIONS
55A APPROPRIATION ADJUSTMENT ACCEPTING FY 2009 INTEROPERABLE
EMERGENCY COMMUNICATIONS GRANT PROGRAM - Police
Department
CITY COUNCIL MINUTES 9 JUNE 7, 2010
MOTION:
1. Adopt a resolution.
RESOLUTION NO. 2010-020 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY
MANAGER AND/OR THE CHIEF OF POLICE TO ENTER INTO AN
AGREEMENT WITH THE STATE OF CALIFORNIA EMERGENCY
MANAGEMENT AGENCY FOR THE FY2009 INTEROPERABLE
EMERGENCY COMMUNICATIONS GRANT PROGRAM
2. Approve an Appropriation Adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 2010-153 - Recognizing the FY
2009 Interoperable Emergency Communications Grant Program in the
amount of $2,200,786 in revenue account and appropriate same in the
FY 2009 Interoperable Emergency Communications Grant Program
expenditure accounts
MOTION: Benavides SECOND: Martinez
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
55B EXTENSION OF CONDITIONAL USE PERMIT NOS. 2008-01 AND 2008-02
AND VARIANCE NO. 2008-02 TO ALLOW THE OCCUPANCY OF A
VACANT BUILDING - 1005 SOUTH HARBOR BLVD. - Planning and
Building Agency
MOTION: Adopt a resolution.
RESOLUTION NO. 2010-021 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA FOR THE EXTENSION OF CONDITIONAL
USE PERMIT NO. 2008-01 AS CONDITIONED, CONDITIONAL USE
PERMIT NO. 2008-02 AS CONDITIONED, AND VARIANCE NO. 2008-02
AS CONDITIONED FOR ONE YEAR FOR THE PROPERTY LOCATED AT
1005 SOUTH HARBOR BOULEVARD
MOTION: Bustamante SECOND: Benavides
CITY COUNCIL MINUTES 10 JUNE 7, 2010
VOTE: AYES:
PUBLIC HEARINGS
Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES:
None (0)
ABSTAIN:
None (0)
ABSENT:
None (0)
75A PUBLIC HEARING - FISCAL YEAR 2010-2011 - PROPOSED CITY
BUDGET - Finance & Management Services
Public hearing to consider the City's Fiscal Year 2010-2011 Budget and
related matters.
Legal Notice published in O.C. Register on May 28, 2010 and June 4, 2010.
Staff report presentation by Francisco Gutierrez, Executive Director of
Finance and Management Services
Budget Overview
Economic Overview
• Economy showing mixed signs of a recovery
• Sales tax has fallen over 27% since it's high in FY2006-07
• Median home prices down 40%
• Property Tax still declining
• Commercial Real Estate in Crisis
State Budget Impacts
• State has an estimated $19.1 billion deficit
• Raid of $2.05 billion in local Redevelopment funds
-City of Santa Ana portion:
•$17.8M in May 2010
•$3.7M in May 2011
• Transportation Revenues
-Prop. 42 and Gas Tax Swap
-9 Month Gas Tax Deferral
CITY COUNCIL MINUTES 11 JUNE 7, 2010
Government Funds Revenue Source
Community Development
Others12,274,180 (2.7%)
Special Revenue Funds
$21281,386 (4.8%)
Cepkal projects -Grants &
111sc.$28,679,419 (6.4%)
OttrerFmdupriss Funds
$35,022,025 (7.9%)
Housing Assistance
$37,697.505 (8.4%)
Water Enterprise
$51.695.584 (11.5%)
Redevelopment Tares
$64,041,920 (14.3%)
Government Funds Appropriations
CDBG & Other Grants GF Related Special Revenues
$12,274,180 (M) $1,584.097 (0.3%)
Special Revenue
$25.669.058 (5-4%)
Odd Enterprise Funds
$39,230,850 (8.3%)
Cap"! Projects
$42,991,809 (9.1%)
Redevelopment Agency
$61,878,445 (13%)
General Fund
(Includes Transfers)
$197,124,495 (41.6%)
CITY COUNCIL MINUTES 12 JUNE 7, 2010
7-Year General Fund Budget Trend
240
220
200
180
100
140
120
100
FY0446 FY060 FYOW
"Pmposed
FY07-M FYNS FYW10 FY10-1f"
General Fund Major Revenue Trend
Sales Tax Property Tax Utility Users Tax Property Tax in Lieu VLF
50
45
-9 44.6
40 _ as
to 35 —
0 320
�
30 28.7 28.3 281
26.4
25.5
25
20
15
10
FY06-07 FY07-0R
.Adopted —Proposed
FY" FY 09-10' FY 10-11"
COUNCIL RECESSED AT 7:55 P.M. AND RECONVENED AT 8:08 P.M. WITH SAME
MEMBERS PRESENT
CITY COUNCIL MINUTES 13 JUNE 7, 2010
General Fund 11 Revenue Sources
Hotel Visitors Tax
Franchise Fees
Trsnsfas to $5,276,849 (2.7%)
S2,700,977 (1.4%)
—
$7.332,182 (3-7%)
r
Sales Tax
$32,779,107 (166%)
Charges for Services & Fees
$9,022,9784.6%) FA
BusYws Tu
$10.030,000 (5.1%)
Licenses, Permits & Fines
$10,496,563 (5.3%)
Property Tax
i'L6 860192 (13.6%)
9
Intergovemmental
5%) -
i12,7611964 (6
Other Revenue & Tues
Utility Users Tax
$13.315,438 (6_8%) $26,557,439 (13.5%)
Use of Money & Property
$14,880,642 (7.5%)
Property Tax In -Lieu VLF
$25,107,164 (12.7%)
Public Safety as a Percentage of Total General Fund Budget
Noo-Public Safety Public Safety
250
$243 1M
$213.4M
.2M
$217.8M
kcal
$1971M
150
�
0
6ib1L
6&8% 02%
100
50
3Z6'!G 30.87L '
28.6%
3
0
-.
FY 06-07
FY 07-08 FY WN
FY 09-10
FY 10-11"
Note: PD Facility Debt Service is Included in Non Public Safety
»Pmposed
CITY COUNCIL MINUTES 14 JUNE 7, 2010
General Fund 11 Appropriations
Police
Public Worlo Agency
$4,674,000 (24%)
Planning & Building Clerk of the Council f616,645 (0.3%)
$8,323,215 (4 2%) Finance & Mgmt. Services
$3,972,655 (2.0%) Personnel f 1,418,680 (0.7%)
Parks & Recreation $16,216,000 (8 2%) �' a 4 Bowers KMseu n $1,517,510 (0.8%)
City kbnager f 1,625,930 (0 8%)
All Others City Attorney f 1,%0,515 (1.0%)
$22,569,420
0 (48 8°%
F ire
' Includes $9,094,075 Police Building Debt Service
Translers ut
$2,238,910(1
f2,238,910 (1.2%)
)5,195 29%)Ibn-Departmental'
$13,191,230 (, 7%)
Proposed Workforce Changes for FY 2010-11 — Number of full-time
Employees
2000
1500
1000
_500
87- 89- 89- 90- 91- 92- 93- 94- 9S W 97- 96- 99- 00- 01- 02- 03- 04- OS 06- Of- O9- 09- 10.
88 89 90 91 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 06 09 10 11
Proposed Workforce Changes
• Changes in full-time workforce count:
o Eliminate 123 full-time positions, many already vacant
o Includes approximately 20 previously unfunded positions
• Reallocations
o Include approximately 15 position reallocations which allows for:
o Restructuring of the Recreation Division into 6 districts
CITY COUNCIL MINUTES 15 JUNE 7, 2010
o Reorganization of the PWA Transportation Division
o Reclassification of positions to actual work role and function
Miscellaneous Fees and Fee Adjustments
• New and Modified Fees
• Recommending No CPI adjustment
• 12 new fees:
• Administrative and Digital Services
• Reservation and Rental
• Citation and HazMat
• Modifications to 10 fees:
• Administrative Citation
• Recreation and Rental
• Notice of Abatement
• Newsbox
FY 2010-11 Capital Improvement Program
• Neighborhood Improvements
$12,231,167
• Arterial Improvements
$25,881,582
• Traffic Improvements
$2,179,845
• Infrastructure Improvements
$8,400,000
• City Facility Improvements
$2,676,630
• Park Improvements
$1,840,215
• TOTAL FY 10/11 CIP:
$53,209,439
• TOTAL 7-YEAR CIP:
$274,474,976
Budget Strategies
• Maintain hiring freeze and other expenditure reduction measures
• Continue to work with all employee groups to negotiate short-term and
long-term systemic cost -saving concessions
Public Hearing opened at 8:13 p.m. The following speakers spoke in
opposition to proposed budget: Jesus David Rodriguez, George Garcia, and
Cecilia Flores. The Hearing closed at 8:18 p.m.
Council discussion ensued. Council urged all employee unions to negotiate
in good faith in light of the economic situation of the City and State. Council
requested staff to review adult soccer fees and perhaps modify the fee
schedule.
MOTION:
1. Place ordinance on first reading and authorize publication.
ORDINANCE NO. NS-2805 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA APPROPRIATING MONIES TO THE
CITY COUNCIL MINUTES 16 JUNE 7, 2010
SEVERAL OFFICES, AGENCIES AND DEPARTMENTS OF THE CITY
FOR THE FISCAL YEAR COMMENCING JULY 1, 2010
2. Adopt a resolution.
RESOLUTION NO. 2010-022 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION
NOS. 82-110 AND 91-066 TO EFFECT CERTAIN CHANGES TO THE
CITY'S BASIC CLASSIFICATION AND COMPENSATION PLANS
3. Adopt a resolution.
RESOLUTION NO. 2010-023 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A UNIFORM
SCHEDULE OF MISCELLANEOUS FEES FOR FISCAL YEAR 2010-
2011 AND REPEALING IN PART RESOLUTION NO. 2009-030
MOTION: Alvarez
VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
SECOND: Benavides
Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
None (0)
None (0)
None (0)
COUNCIL RECESSED TO A JOINT SESSION BETWEEN CITY COUNCIL AND
COMMUNITY REDEVELOPMENT AGENCY MEETING AT 8:32 P.M.
Mayor Pulido indicated that he had a conflict of interest and would be excusing himself from
Agenda Item 80A due to proximity of business; Mayor Pro Tern Alvarez also excused herself
due to a campaign contribution; and Councilmember Sarmiento excused himself due to his
business representation of some residents in the immediate area — all left the dais at 8:33
p.m. and did not participate in consideration of these items.
MOTION: Appoint Councilmember Bustamante to Chair the meeting
(pursuant to SAMC 2-101 due to unavailability of Mayor and Mayor Pro
Tem).
MOTION: Martinez SECOND: Benavides
VOTE: AYES: Benavides, Bustamante, Martinez, Tinajero (4)
NOES: None (0)
CITY COUNCIL MINUTES 17 JUNE 7, 2010
ABSTAIN: None (0)
ABSENT: Alvarez, Pulido, Sarmiento (3)
AGENDA ITEM TAKEN OUT OF ORDER
CITY COUNCIL MEETING RECONVENED AT 8:33 P.M. TO CONSIDER PUBLIC
COMMENTS
• Lisann Martinez - spoke on Go Local project; City to consider open park space in this
and any new development; suggested pedestrian bridge over the river since additional
traffic lane is planned.
• Roy Alvarado - concerned with budget reductions and impacts on public safety; also
commended on hazmat issues in the Santa Anita neighborhood.
• Hershall Myatt-Chisum — representing Integrity House, requested assistance in solving
a blind turn on Broadway Avenue, suggested curb cut in front of their building to solve
the problem.
• Alex Vega - commented on recent immigration rally that took place in front of the
Federal building; complemented police department on efforts to maintain peaceful
event.
• Robert Flournoy - requested assistance in growing his ministry "Obras de Amor".
• Albert Castillo — opined on recent grand jury report, City's Code of Ethics and Conduct,
AB1234, and Brown Act.
• George Garcia — proposed City sell some assets to assist with budget problem, tax
plastic bags, and raise anti -graffiti reward from $500 to $1,000.
• Dave Hoen — thanked council for proclaiming "Harvey Milk Day" and commented on
recent LGBT Day celebration held in downtown Santa Ana.
• John Raya — TKO moving back to Jerome Center, who will be having re -opening
ceremony next week; reported that young fighter Luis Ramos will have HBO interview
through Telefutura; and holding fundraiser on June 27th at Original Mike's.
• Ruben Alvarez — concerned that public comments were taken out of order and
discontent with some actions by the City.
COUNCIL RECESSED TO A JOINT SESSION BETWEEN CITY COUNCIL AND
COMMUNITY REDEVELOPMENT AGENCY MEETING AT 9:05 P.M.
JOINT SESSION
WITH THE COMMUNITY REDEVELOPMENT AGENCY
80A JOINT PUBLIC HEARING — FINAL ENVIRONMENTAL IMPACT REPOT NO.
2006-02; GENERAL PLAN AMENDMENT 2010-01; ZONING ORDINANCE
AMENDMENT NO. 2010-01; AMENDMENT APPLICATION NO. 2005-09
(TRANSIT ZONING CODE); DISPOSITION AND DEVELOPMENT
CITY COUNCIL MINUTES 18 JUNE 7, 2010
AGREEMENT WITH SANTA ANA STATION DISTRICT, LLC AND VARIOUS
ACTIONS FOR PROPOSED DEVELOPMENT IN THE STATION DISTRICT
Legal notice pertaining to the Transit Zoning Code published in the O.C.
Reporter on May 28, 2010.
Recommended actions approved by the Planning Commission on May 27,
2010, by a vote of 5-0. (Commissioner Betancourt abstained and
Commissioner Yrarrazaval absent)
Legal notice pertaining to the Santa Ana Station District, LLC published in
the O.C. Reporter on May 24, 2010 and June 2, 2010.
Staff report presentation by Karen Haluza, Planning Manager, and Cindy
Nelson, Assistant City Manager for Development Services
Transit Zoning Code and Development Proposal
for Redevelopment Agency Properties
Transit Zoning Code
— Walk -able neighborhoods
— Flexible mix of uses
— Standards for quality architecture
— Affordable housing incentives
Transit Zoning Code Project Objectives
— Provide a transit -supportive, pedestrian -oriented development
framework to support the addition of new transit infrastructure
— Preserve and reinforce the existing character and pedestrian nature of
the City by strengthening urban form through improved development
and design standards.
— Encourage alternative modes of transportation, including the rail
system that connects San Diego to Los Angeles.
— Provide zoning for the integration of new infill development into
existing neighborhoods.
— Provide for a range of housing options, including affordable housing.
— Allow for the reuse of existing structures.
— Allow development of the Agency properties
Development Proposal Objectives
— Redevelop all of the Agency -owned properties
— Provide new affordable housing for families in furtherance of the City's
affordable housing goals established in the Housing Element, the
Implementation Plan for the Santa Ana Merged Redevelopment
Project Area, and the City of Santa Ana Consolidated Plan.
— Enhance the streetscape and urban form of the area, particularly
along Santa Ana Boulevard, with the construction of new buildings
that meet the standards contained in the Transit Zoning Code and that
support future transit planning.
— Eliminate blight.
CITY COUNCIL MINUTES 19 JUNE 7, 2010
— Provide additional public open space and facilitate a joint
arrangement with SAUSD for a new community Center.
— Provide an economically viable redevelopment scenario for
Agency -owned properties.
Environmental Impact Report
— Draft EIR Released for public review on February 2, 2010.
— Alternatives Section revised to analyze three additional alternative,
response to a comment.
— Alternatives Section re -circulated
to April 12, 2010.
use
the
Til
and public review period extended
— Public comment meetings held on February 22 and March 22, 2010.
— Total of 16 comment letters and 14 transcribed oral comments.
— Final EIR
— Response to Comments
— Mitigation Monitoring and Reporting Program
— Findings of Fact
— Statement of Overriding Considerations
EIR Alternatives Analysis
— Alternative 1 — No Project/No Development
— Alternative 2 — Overall Reduced Density
— Alternative 3 — Low -Rise Project
— Alternative 4 — Rehabilitate in Place/Acquire No Additional Properties
— Alternative 5 — Relocate and Rehabilitate on Agency -Owned Infill
Sites
— Alternative 6 — Rehabilitate 611 N. Minter Street In Place
Statement of Overriding Considerations
— A written statement explaining why the benefits of the project
outweigh the identified environmental impacts
Project Benefits
— Positions the City to provide new public transit
— Allows for the development of new affordable rental housing
— Complies with State mandates to address climate change and
housing production
— Improves the regional jobs/housing balance
— Creates more walk -able and connected neighborhoods
— Eliminates blight
— Provides new incentives for economic investment
— Provides more flexibility for private property owners
Planning Commission Action
— Planning Commission recommended approval of the various
components of the project.
— Clarification on comment regarding potential demolitions.
Station District Project Overview
Project Goals
— Create a land use/economic strategy for the area in and surrounding
the SARTC to complement City's transit vision
CITY COUNCIL MINUTES 20 JUNE 7, 2010
— Develop a mix of housing types at various levels of affordability
— Set the standards for the quality of future development in the area
— Address the needs of the Lacy Neighborhood
The Journey
— Issued RFQ in April 2009
— Selected Related Companies/Griffin Realty in August 2009
— Highly qualified team with wide range of experience:
• Affordable housing to luxury high rise housing
• Retail, commercial and office
• Public facilities
• Community engagement
— Began community input process before first concept plan created
— Key issues raised by community:
• Park/open space
• Affordable housing
• Child care
• Garfield School condition & capacity
• Safety and Livability
• Cultural history
• Family services and programs, including jobs
— Concept Plan presented to community, which included:
• Mix of for sale and for rent products at various income levels
• Community Center at Garfield (in conjunction with school
renovation)
• 1.5 acre park/open space uses
— SACRed Key Issues:
• Safety
• Housing
• Open Space
• Small Business Assistance
• Cultural and Historical Preservation
— Commitments to Lacy Neighborhood:
• Provision for child care space in R-1 community room
• Public art
• Reduced rent for business operator in R-1 commercial space
• Historical markers - $60,000
• Targeted loan program in Lacy - $100,000
• Joint Use Agreement w/SAUSD for Garfield
• 10,000 SF Community Center at Garfield Elementary
• Commitment to pursue development of approx. 1.5 acre
park/open space uses
• Relocation plan for potential displaced residents
• Inclusionary Housing Ordinance to Council Win 120 days for
overlay zone
The Project
— R-1 74 rental units
— R-2 38 rental units
— 100% affordable (50% AMI w/20% at 30%AMI); 55 year covenants
CITY COUNCIL MINUTES 21 JUNE 7, 2010
— F-S 32 for sale units
— 6 units affordable at 120% AMI
• Elevations for R-1, R-2 and For Sale depicted
• Project Schedule
— R-1 Commence 3/11
— R-2 Apply for Spring 2011 tax credits
— F-S Commence early 2011
Public hearing opened at 9:40 p.m. The following speakers addressed the
Council:
• Ross Romero — representing LULAC 3097; object to passage of plan and
Transit Zoning Code; concerned with inadequate response to air quality,
toxic and hazardous waste, traffic, and open space.
• Simon Deter — questioned new zoning changes as it relates to height
district, no designation for HD2; inquired on inclusionary housing
ordinance.
• Joe Dixon — Assistant Superintendent of Facilities at SAUSD, supports
Council's vision for increasing green space at Garfield Elementary; joint
use community center of great benefit for all.
• Larry Haynes — Executive Director of Mercy House, supports improved
living conditions for the poor.
• Barry Cottle — supports council actions proposed.
• Bob Stewart — representing Empire Inc., supports project and impressed
with growth and improvements throughout the City.
• Vicky Baxter — read for the record letter of support by the Downtown Inc.
Board of Directors.
• Lisann Martinez — opined that development should employ city residents;
Council to sign the Community Benefits Agreement (CBA).
• Carmen Garcia — area in need of improvements; request council support
to solve issues.
• Antonio Bugarin — concerned with welfare of family as City proposing
park in area where he lives; request Council sign CBA that guarantees
affordable housing, preservation of cultural identity, history, affordable
housing, park and open space, protection of small businesses and
employees, and safety for community.
• Maria Andrade — urged community to work together; requested Council
postpone decision.
• Ramon Guzman — requested council postpone decision; would like
assurance that park and community center will be developed.
• Paola Salgado — requested council postpone decision and sign CBA;
support project with certain community guarantees; questioned agenda
order and late consideration of matter.
• Claudia Brena — encouraged council to postpone decisions and sign
CBA.
• Eunice Bobery — representing Orange Housing Corporation, Transit
Zoning Code to provide long term benefits to the community, encouraged
CITY COUNCIL MINUTES 22
JUNE 7, 2010
to find that open space, community facility, and affordable housing
incorporated into Plan.
• Eric Altman — Executive Director of Orange County Communities
Organized for Responsible Development, discussed benefits of CBA,
encouraged council to continue negotiations with community.
• Ramona Rivera — 50 year resident would like to know impacts of plan on
neighborhood.
• Jeff Dickman — resident of French Park neighborhood and member of
Friends of Historic Lacy Neighborhood; opined that Plan fails to address
renovation of vintage homes; Council to reject EIR and ask staff to
include comprehensive process for evaluation of properties to be
included in Historic Registry; rehabilitate homes instead of demolish;
homes to be available to SACReD residents.
• Phil Chinn — commented on EIR findings - less expensive to renovate
than reconstruct homes; historical building guide to be considered;
reduction in the number of overall homes in the area; preservation of
homes may be done by outside organizations; thanked council for
investments made to Westend Theater and Spurgeon building; support
SACReD and its residents.
• Ben Grabiel — support zoning changes, but in opposition to demolition
and acquisition of additional properties; cost analysis report distributed to
council.
MEETING RECESSED AT 10:25 P.M. AND RECONVENED AT 10:45 P.M. WITH SAME
MEMBERS PRESENT
Jay Trevino, Executive Director of Planning and Building, clarified that
proposed overlay zone ordinance carry over all current zoning and land use
standards, including height of the district; council considering transit zoning
ordinance, not specific plan.
William Boost, project manager and consultant with PBS&J Inc. apologized
for error pointed out by LULAC - page 10-43 of Final EIR will be corrected;
page 9-19 present toxic and hazardous waste findings; Traffic Study on page
9-77 has corrected information on appendices; provisions of parks on page
9-32, all projects will conform with Mitigation Measure MM4.10-5, Chapter
35, Article 4 of Santa Ana Municipal Code.
Karen Haluza, Planning Manager, indicated that concerns raised by Jeff
Dickman have been incorporated into the Response to Comments received
from Brandt -Hawley Law Group in the Supplemental Addendum.
Kathleen Haden, Managing Principal at Keyser Marston responded to
questions on affordable housing as posed by letter from Susan Brandt -
Hawley received today and by members of the public - total cost per square
foot, per unit basis was incorporated in the EIR ; rehab cost / relocation cost;
EIR Appendix J; summary of sale results.
CITY COUNCIL MINUTES 23 JUNE 7, 2010
The hearing closed at 11:15 p.m.
Council discussion ensued. Unanimous support of project and improved
living conditions said development will provide.
MOTION: Amendments to the Final EIR No. 2006-02, General Plan
Amendment No. 2010-01, and Amendment Application No. 2005-09
(Transit Zoning Code) included in Supplemental Staff Report:
• Amendments to the General Plan Land Use Element as to Flood
Control
• Amendment to the Transit Zoning Code Street Network Concepts as
to bus/transit stops
• Supplemental Response to Comments
• Amendment to the Findings of Fact
• Additions to the Mitigation Monitoring and Reporting Program
1. Adopt a resolution as amended by Supplemental Staff Report;
Section 2.13. of resolution regarding Water Supply Assessment
Study making findings that it be revised as follows: the City Council
adopt the Water Supply Assessment dated January, 2010 contained
in Appendix H of EIR as well as Findings of Facts and Statements of
Overriding Considerations.
RESOLUTION NO. 2010-024 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA CERTIFYING THE FINAL
ENVIRONMENTAL IMPACT REPORT NO. 2006-02 PREPARED FOR
THE PROPOSED TRANSIT ZONING CODE (SD NO. 84) AND THE
PROPOSED REDEVELOPMENT OF PROPERTIES OWNED BY THE
SANTA ANA REDEVELOPMENT AGENCY IN THE STATION
DISTRICT, ADOPTING A MITIGATION MONITORING AND
REPORTING PROGRAM, AND ADOPTING CEQA FINDINGS OF FACT
AND A STATEMENT OF OVERRIDING CONSIDERATIONS
2. Adopt a resolution as amended by Supplemental Staff Report.
RESOLUTION NO. 2010-025 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA AMENDING THE LAND USE
ELEMENT OF THE GENERAL PLAN OF THE CITY OF SANTA ANA
TO CREATE THE URBAN NEIGHBORHOOD LAND USE
DESIGNATION; CREATE THE TRANSIT VILLAGE MAJOR
DEVELOPMENT AREA; EXPAND THE DOWNTOWN DISTRICT
CENTER; ELIMINATE THE RESIDENTIAL/INDUSTRIAL LAND USE
DESIGNATION; UPDATE THE DEMOGRAPHICS; AND CONVERT
THE GENERAL PLAN TO A DIGITAL FORMAT WITH A COMMON
TABLE OF CONTENTS AND PAGINATION SYSTEM (GPA NO. 2010-
01)
CITY COUNCIL MINUTES 24 JUNE 7, 2010
3. Place ordinance on first reading and authorize publication.
ORDINANCE NO. NS-2803 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE
SANTA ANA MUNICIPAL CODE REGARDING TIME LIMITS FOR
SPECIFIC DEVELOPMENT PLAN, MODIFICATION OF THE APPROVAL
OF OVERLAY ZONE SITE PLANS, NONCONFORMING USE, AND
REPEALING THE C3 AND C3-A ZONES (ZOA 2010-01)
4. Place ordinance on first reading and authorize publication.
ORDINANCE NO. NS-2804 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA ADOPTING TRANSIT ZONING CODE
SPECIFIC DEVELOPMENT DISTRICT (SD-84); ADOPTING THE M1
OVERLAY ZONE; ADOPTING THE M2 OVERLAY ZONE; REZONING
THE PROPERTY LOCATED AT CERTAIN REAL PROPERTY IN THE
CENTRAL URBAN CORE OF SANTA ANA FROM VARIOUS ZONES TO
TRANSIT ZONING CODE SPECIFIC DEVELOPMENT DISTRICT (SD-84),
M1 OVERLAY ZONE AND M2 OVERLAY ZONE; AND REPEALING
SPECIFIC DEVELOPMENT NOS. 30, 37, 47, 71 AND AMENDING THE
HEIGHT EXEMPTION AREAS MAP (AA NO. 2005-09)
5. Adopt a resolution as amended by Supplemental Staff Report.
RESOLUTION NO. 2010-026 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA APPROVING TRANSIT ZONING CODE
ARCHITECTURAL STYLE GUIDELINES AND TRANSIT ZONING CODE
STREET NETWORK CONCEPTS
6. Adopt a resolution.
RESOLUTION NO. 2010-027 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA CONSENTING TO THE
APPROVAL OF A DISPOSITION AND DEVELOPMENT AGREEMENT
BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF SANTA ANA AND SANTA ANA STATION DISTRICT, LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY, AND MAKING FINDINGS
IN CONNECTION THEREWITH
7. Direct staff to draft an inclusionary housing ordinance for City
Council consideration within the next 120 days, covering the
industrial overlay areas identified in the proposed Transit Zoning
Code.
8. Direct staff to negotiate a Joint Use Agreement with the Santa Ana
Unified School District for Garfield Elementary, including a
provision for the development and programming of a community
center.
CITY COUNCIL MINUTES 25 JUNE 7, 2010
9. AGMT NO. 2010-093 - Authorize the City Attorney to prepare and
City Manager and Clerk of the Council to execute a $25,000
reimbursement agreement with the Santa Ana Unified School
District for purposes of engaging an architect to develop conceptual
plans in furtherance of developing the project scope for a
community center to be located at Garfield Elementary.
10. Direct staff to work with community members/stakeholders to
facilitate development of an approximate 1.5 acre park/open space
uses in the Station District.
11. Approve the expenditure of funds for a residential loan program in
the Lacy Neighborhood with cumulative not to exceed the amount of
$100,000 (see Agency item 6).
12. Direct staff to prepare and file a Notice of Determination (NOD) with
the County Clerk of the County of Orange in the manner required by
law.
MOTION: Martinez SECOND: Benavides
VOTE: AYES: Benavides, Bustamante, Martinez, Tinajero (4)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Alvarez, Pulido, Sarmiento (3)
COUNCIL MEETING RECONVENED AT 11:15 P.M. WITH SAME MEMBERS PRESENT
COMMENTS
90A CITY MANAGER'S COMMENTS — None
90B CITY COUNCILMEMBER COMMENTS
Councilmember Bustamante
• Adjourn meeting in memory of retired City of Santa Ana employee
Carolyn Fullerton.
CITY COUNCIL MINUTES 26 JUNE 7, 2010
ADJOURNED 11:17 P.M. - The next meeting of the City Council is scheduled for
Monday, June 21, 2010 at 5:00 p.m. for the Closed Session Meeting
immediately followed by the Regular Business Meeting at the Police
Community Center, 60 Civic Center Plaza, Santa Ana, California.
Adjourn in Memory of
Carolyn Fullerton
Maria D. Huizar,
Clerk of the Council
CITY COUNCIL MINUTES 27 JUNE 7, 2010